Sec. 940. SENSE OF CONGRESS ON THE UNITED STATES CYBER COMMAND
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## SEC. 940 SENSE OF CONGRESS ON THE UNITED STATES CYBER COMMAND It is the sense of Congress that— ####
(1)there is a serious cyber threat to the national security of the United States and the need to work both offensively and defensively to protect the networks and critical infrastructure of the United States; ####
(2)it is important to have a unified command structure in the Department of Defense to direct military operations in cyberspace; ####
(3)a change in the status of the United States Cyber Command has implications for the entire Department and the national security of the United States, which require careful consideration; ####
(4)Congress expects to be briefed and consulted about any proposal to elevate the United States Cyber Command to a unified command at the time when the Secretary of Defense makes such a proposal and to receive— #####
(A)a clear statement of mission of the United States Cyber Command and related legal definitions; #####
(B)an outline of the specific national security benefits of elevating the sub-unified United States Cyber Command to a unified command; #####
(C)an estimate of the cost of creating a unified United States Cyber Command and a justification of the expenditure; and #####
(D)if the Secretary considers it advisable to continue the designation of the Commander of the United States Cyber Command as also being the Director of the National Security Agency— ######
(i)an explanation of how a single individual could serve as a commander of a combatant command that conducts overt, though clandestine, cyber operations under title 10, United States Code, and serve as the head of an element of the intelligence community that conducts covert cyber operations under the National Security Act of 1947 (50 U.S.C. 401 et seq.) in a manner that affords deniability to the United States; and ######
(ii)a statement of whether the Secretary believes it is appropriate either to appoint a line officer as the Director of the National Security Agency or to take the unprecedented step of appointing an intelligence officer as a unified commander; and ####
(5)appropriate policy foundations and standing rules of engagement must be in place before any decision to create a unified United States Cyber Command. **[**Section 941 was transferred to chapter 19 of title 10, U.S.C., redesignated as section 393, and further amended by section 1641(a) of division A of Public Law 114–92.**]** ## Subtitle E Other Matters
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